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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61543</law_id><section_number>24.2-101</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-102</reference><reference>15.2-2308</reference><reference>15.2-913</reference><reference>18.2-439</reference><reference>2.2-435</reference><reference>24.2-241</reference><reference>24.2-242</reference><reference>24.2-244</reference><reference>24.2-417.1</reference><reference>24.2-545</reference><reference>24.2-613</reference><reference>24.2-945.1</reference><reference>24.2-955.1</reference><reference>30-391</reference><reference>51.5-43</reference><reference>57-48</reference><reference>58.1-339.6</reference><reference>58.1-344.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions and Administration</unit><unit label="article" level="3" order_by="1" identifier="1">Applicability; Definitions</unit></structure><text>
						<section><p>As used in this title, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Ballot scanner machine</span>&#x201D; means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated.
		&#x201C;<span class="dictionary">Candidate</span>&#x201D; means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or <span class="dictionary">special election</span> and who is qualified to have his name placed on the ballot for the office. &#x201C;<span class="dictionary">Candidate</span>&#x201D; shall include a person who seeks the nomination of a <span class="dictionary">political party</span> or who, by reason of receiving the nomination of a <span class="dictionary">political party</span> for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (&#xA7;&#xA0;<a class="law" title="Recounts in all elections" href="/24.2-800/">24.2-800</a> et seq.), 9.3 (&#xA7;&#xA0;<a class="law" title="Elections to which chapter applicable; chapter exclusive" href="/24.2-945/">24.2-945</a> et seq.), and 9.5 (&#xA7;&#xA0;<a class="law" title="Scope of disclosure requirements" href="/24.2-955/">24.2-955</a> et seq.), &#x201C;<span class="dictionary">candidate</span>&#x201D; shall include any write-in <span class="dictionary">candidate</span>. However, no write-in <span class="dictionary">candidate</span> who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (&#xA7;&#xA0;<a class="law" title="Contest of election to General Assembly" href="/24.2-803/">24.2-803</a> et seq.) of Chapter 8. For the purposes of Chapters 9.3 (&#xA7;&#xA0;<a class="law" title="Elections to which chapter applicable; chapter exclusive" href="/24.2-945/">24.2-945</a> et seq.) and 9.5 (&#xA7;&#xA0;<a class="law" title="Scope of disclosure requirements" href="/24.2-955/">24.2-955</a> et seq.), &#x201C;<span class="dictionary">candidate</span>&#x201D; shall include any person who raises or spends funds in <span class="dictionary">order</span> to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or <span class="dictionary">special election</span>; and such person shall be considered a <span class="dictionary">candidate</span> until a final report is filed pursuant to Article 3 (&#xA7;&#xA0;<a class="law" title="Candidate election cycle" href="/24.2-947/">24.2-947</a> et seq.) of Chapter 9.3.
		&#x201C;<span class="dictionary">Central absentee voter precinct</span>&#x201D; means a precinct established pursuant to &#xA7;&#xA0;<a class="law" title="Central absentee voter precincts; counting ballots" href="/24.2-712/">24.2-712</a> for the processing of absentee ballots for the county or city or any combination of <span class="dictionary">precincts</span> within the county or city.
		&#x201C;<span class="dictionary">Constitutional office</span>&#x201D; or &#x201C;<span class="dictionary">constitutional officer</span>&#x201D; means a county or city office or officer referred to in Article VII, &#xA7;&#xA0;4 of the Constitution of Virginia: clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span>, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer.
		&#x201C;<span class="dictionary">Department of Elections</span>&#x201D; or &#x201C;Department&#x201D; means the state agency headed by the Commissioner of Elections.
		&#x201C;<span class="dictionary">Direct recording electronic machine</span>&#x201D; or &#x201C;<span class="dictionary">DRE</span>&#x201D; means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically.
		&#x201C;Election&#x201D; means a general, primary, or <span class="dictionary">special election</span>.
		&#x201C;<span class="dictionary">Election district</span>&#x201D; means the territory designated by proper authority or by <span class="dictionary">law</span> which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit.
		&#x201C;Electoral board&#x201D; or &#x201C;<span class="dictionary">local electoral board</span>&#x201D; means a board appointed pursuant to &#xA7;&#xA0;<a class="law" title="Appointment and terms; vacancies; chairman and secretary; certain prohibitions; training" href="/24.2-106/">24.2-106</a> to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town&#x2019;s elections.
		&#x201C;<span class="dictionary">Entrance of polling place</span>&#x201D; or &#x201C;<span class="dictionary">entrance to polling place</span>&#x201D; means an opening in the wall used for ingress to a structure.
		&#x201C;<span class="dictionary">General election</span>&#x201D; means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by <span class="dictionary">law</span> to be filled at those times.
		&#x201C;<span class="dictionary">General registrar</span>&#x201D; means the person appointed by the electoral board of a county or city pursuant to &#xA7;&#xA0;<a class="law" title="Appointment, qualifications, and term of general registrar; vacancies; certain prohibitions" href="/24.2-110/">24.2-110</a> to be responsible for all aspects of voter registration, in addition to other duties prescribed by this title. When performing duties related to the administration of elections, the <span class="dictionary">general registrar</span> is acting in his capacity as the director of elections for the locality in which he serves.
		&#x201C;<span class="dictionary">Machine-readable ballot</span>&#x201D; means a tangible ballot that is marked by a voter or by a system or device operated by a voter, is available for verification by the voter at the time the ballot is cast, and is then fed into and scanned by a separate counting machine capable of reading ballots and tabulating results.
		&#x201C;<span class="dictionary">Officer of election</span>&#x201D; means a person appointed by an electoral board pursuant to &#xA7;&#xA0;<a class="law" title="Appointment, qualifications, and terms of officers of election" href="/24.2-115/">24.2-115</a> to serve at a polling place for any election.
		&#x201C;<span class="dictionary">Paper ballot</span>&#x201D; means a tangible ballot that is marked by a voter and then manually counted.
		&#x201C;Party&#x201D; or &#x201C;<span class="dictionary">political party</span>&#x201D; means an organization of citizens of the Commonwealth which, at either of the two preceding statewide <span class="dictionary">general elections</span>, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.
		&#x201C;<span class="dictionary">Person with a disability</span>&#x201D; means a <span class="dictionary">person with a disability</span> as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.5-40.1/">51.5-40.1</a>.
		&#x201C;Polling place&#x201D; means the structure that contains the one place provided for each precinct at which the <span class="dictionary">qualified voters</span> who are residents of the precinct may vote.
		&#x201C;Precinct&#x201D; means the territory designated by the governing body of a county, city, or town to be served by one polling place.
		&#x201C;Primary&#x201D; or &#x201C;<span class="dictionary">primary election</span>&#x201D; means an election held for the purpose of selecting a <span class="dictionary">candidate</span> to be the nominee of a <span class="dictionary">political party</span> for election to office.
		&#x201C;<span class="dictionary">Printed ballot</span>&#x201D; means a tangible ballot that is printed on paper and includes both <span class="dictionary">machine-readable ballots</span> and <span class="dictionary">paper ballots</span>.
		&#x201C;Qualified voter&#x201D; means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to &#xA7;&#xA0;<a class="law" title="Persons under 18 years of age" href="/24.2-403/">24.2-403</a> or subsection D of &#xA7;&#xA0;<a class="law" title="Time presidential primaries to be held and completion of duties by officers of election; age qualifications for participation" href="/24.2-544/">24.2-544</a>, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) a <span class="dictionary">registered voter</span>. No person who has been convicted of a <span class="dictionary">felony</span> shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by <span class="dictionary">law</span>. Whether a signature should be counted towards satisfying the signature requirement of any <span class="dictionary">petition</span> shall be determined based on the signer of the <span class="dictionary">petition</span>&#x2019;s qualification to vote. For purposes of determining if a signature on a <span class="dictionary">petition</span> shall be included in the count toward meeting the signature requirements of any <span class="dictionary">petition</span>, &#x201C;qualified voter&#x201D; shall include only persons maintained on the <span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span> (a) with active status and (b) with inactive status who are qualified to vote for the office for which the <span class="dictionary">petition</span> was circulated.
		&#x201C;<span class="dictionary">Qualified voter in a town</span>&#x201D; means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his <span class="dictionary">residence</span>, and otherwise a qualified voter.
		&#x201C;<span class="dictionary">Referendum</span>&#x201D; means any election held pursuant to <span class="dictionary">law</span> to submit a question to the voters for approval or rejection.
		&#x201C;<span class="dictionary">Registered voter</span>&#x201D; means any person who is maintained on the <span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span>. All <span class="dictionary">registered voters</span> shall be maintained on the <span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span> with active status unless assigned to inactive status by a <span class="dictionary">general registrar</span> in accordance with Chapter 4 (&#xA7;&#xA0;<a class="law" title="Persons entitled to register and vote" href="/24.2-400/">24.2-400</a> et seq.). For purposes of applying the precinct size requirements of &#xA7;&#xA0;<a class="law" title="Requirements for county and city precincts" href="/24.2-307/">24.2-307</a>, calculating election machine requirements pursuant to Article 3 (&#xA7;&#xA0;<a class="law" title="Application of Title 24.2 and general law" href="/24.2-625/">24.2-625</a> et seq.) of Chapter 6, mailing notices of local <span class="dictionary">election district</span>, precinct or polling place changes as required by subdivision 13 of &#xA7;&#xA0;<a class="law" title="Duties and powers of general registrar" href="/24.2-114/">24.2-114</a> and &#xA7;&#xA0;<a class="law" title="Changes not to be enacted within 60 days of general election; notice requirements" href="/24.2-306/">24.2-306</a>, and determining the number of signatures required for <span class="dictionary">candidate</span> and voter <span class="dictionary">petitions</span>, &#x201C;<span class="dictionary">registered voter</span>&#x201D; shall include only persons maintained on the <span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span> with active status. For purposes of determining if a signature on a <span class="dictionary">petition</span> shall be included in the count toward meeting the signature requirements of any <span class="dictionary">petition</span>, &#x201C;<span class="dictionary">registered voter</span>&#x201D; shall include only persons maintained on the <span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span> (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the <span class="dictionary">petition</span> was circulated.
		&#x201C;<span class="dictionary">Registration records</span>&#x201D; means all official records concerning the registration of <span class="dictionary">qualified voters</span> and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method.
		&#x201C;<span class="dictionary">Residence</span>&#x201D; or &#x201C;resident,&#x201D; for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells.
		&#x201C;<span class="dictionary">Special election</span>&#x201D; means any election that is held pursuant to <span class="dictionary">law</span> to fill a vacancy in office or to hold a <span class="dictionary">referendum</span>.
		&#x201C;<span class="dictionary">State Board</span>&#x201D; or &#x201C;Board&#x201D; means the <span class="dictionary">State Board</span> of Elections.
		&#x201C;<span class="dictionary">Virginia <span class="dictionary">voter registration system</span></span>&#x201D; or &#x201C;<span class="dictionary">voter registration system</span>&#x201D; means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (&#xA7;&#xA0;<a class="law" title="Duties of Department of Elections" href="/24.2-404/">24.2-404</a> et seq.) of Chapter 4.
		&#x201C;<span class="dictionary">Voting system</span>&#x201D; means the electronic voting and counting machines used at elections, including <span class="dictionary">direct recording electronic machines</span> (<span class="dictionary">DRE</span>), <span class="dictionary">ballot scanner machines</span>, and on-demand ballot printing systems and ballot marking devices used to manufacture or mark ballots to be cast by voters on electronic voting and counting machines.</p></section></text><history>Code 1950, &#xA7;&#xA7; 24-17, 24-18, 24-18.2, 24-22, 24-23, 24-44, 24-136, 24-137, 24-172, 24-346; 1956, c. 378; 1963, Ex. Sess., c. 2; 1964, c. 592; 1970, c. 462, &#xA7;&#xA7; 24.1-1, 24.1-41, 24.1-42, 24.1-93; 1971, Ex. Sess., cc. 119, 205, 265; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1977, cc. 30, 490; 1978, c. 778; 1982, c. 650; 1983, c. 461; 1989, c. 322; 1991, 1st Sp. Sess., c. 12; 1993, c. 641; 1996, cc. 72, 73; 1997, c. 801; 1998, c. 866; 2001, c. 719; 2002, c. 487; 2003, c. 1015; 2005, c. 384; 2006, cc. 205, 787, 892; 2007, c. 311; 2008, c. 880; 2009, cc. 865, 870, 874; 2010, c. 707; 2013, cc. 542, 684; 2014, cc. 540, 576; 2015, c. 740; 2016, cc. 18, 492; 2020, c. 294; 2021, Sp. Sess. I, c. 471; 2022, cc. 125, 126; 2024, cc. 191, 515.</history><metadata></metadata></law>
